Carol Harris, et al. v. 3075 Wilshire Blvd. LLC, et al.
Published: Jun. 26, 2010 | Result Date: Feb. 26, 2010 | Filing Date: Jan. 1, 1900 |Case number: BC 354847 Bench Verdict – Dismissal
Attorneys
Plaintiff
Robert S. Shtofman
(Law Offices of Robert S. Shtofman )
Defendant
Joseph V. Macha
(Foley & Mansfield)
Jonathan C. Bacon
(Mokri, Vanis & Jones LLP)
Richard J. Finn
(Burnham Brown)
Facts
30 office workers in a building in Los Angeles filed suit against the building for negligence, premises liability, intentional infliction of emotional distress and Business & Professions Code Section 17200 violations.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed the building's ventilation and/or water supply were contaminated with Legionella bacteria, which made them ill. They also contended that mold in the building was caused by water intrusion, which was a result of poor maintenance.
DEFENDANT'S CONTENTIONS:
The building owner claimed there was no outbreak of Legionnaires' Disease as medically defined and that the diagnostic procedures, much like any other evidence of bacteria and mold in this matter, were weak and unfounded.
Settlement Discussions
Plaintiffs demanded $100 million, then later $50 million. The building offered $5,000 per plaintiff, via CCP 998.
Injuries
Plaintiffs claimed Legionnaires' Disease or Pontiac Fever.
Result
After a jung jury and the declaration of a mistrial, the court granted defendants' motion for a directed verdict and dismissed the case.
Deliberation
nine days
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